New York: Two Madonna fans have withdrawn their lawsuit in New York alleging the pop icon consistently started concerts hours late, prompting a stern response from her legal team threatening sanctions against the plaintiffs’ lawyers.
Michael Fellows and Jason Alvarez filed a voluntary dismissal in a Brooklyn federal court on Wednesday, ending their proposed class action against Madonna and tour promoter Live Nation with prejudice, barring future claims.
A separate filing by the defendants’ lawyer clarified that the dismissal did not involve a settlement.
Fellows and Alvarez had accused Madonna, 65, and Live Nation of false advertising and negligent misrepresentation when her “Celebration Tour” concerts at Brooklyn’s Barclays Center in December commenced well after the advertised 8:30 p.m. start time, with some shows beginning as late as 10:30 p.m. Consequently, the concerts ended after 1 a.m., disrupting attendees’ plans due to limited transportation options.
The plaintiffs argued that they would not have purchased tickets had they known about the delays, citing examples of other artists like Taylor Swift and Bruce Springsteen, who reportedly start their shows punctually under Live Nation’s promotion.
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During a June 10 court hearing, Madonna and Live Nation’s attorney, Jeff Warshafsky, accused the plaintiffs of attempting to extort a substantial settlement through what he termed a harassment campaign.
In response to the dismissal, Warshafsky’s filing on Wednesday characterized the lawsuit as a “frivolous strike suit” intended to burden the defendants with unnecessary legal expenses. The filing also indicated their intention to pursue sanctions, attorneys’ fees, and costs.
Lawyers representing Fellows and Alvarez did not immediately respond to requests for comment following the dismissal.
A similar lawsuit against Madonna and Live Nation concerning late-starting concerts at Washington, D.C.’s Capital One Arena remains pending.
